Manikandan v. Secretary To Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.05.2023

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI AND THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN Manikandan ..

Petitioner Vs.

1. Secretary to Government of Tamilnadu Department of Prohibition and Excise Fort St. George Chennai 600 009.

2. Chairman/Managing Director Tasmac Talamuthu Natarajan Building Gandhi-Irvin Salai Egmore, Chennai.

3. The District Collector Tiruvarur District Tiruvarur.

4. The Tahsildar Valangaiman Taluk Office Valangaiman Tiruvarur District.

..

Respondents

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the third respondent to remove the Tasmac shops situated within the limits of Govindagudi Village, Valangaiman Taluk, Tiruvarur District within the stipulated time prescribed by this Court pursuant to the representation dated 09.02.2023.

For the Petitioner : Mrs.R.Anitha Special Government Pleader for Respondents 1, 3, & 4 For the Respondents : Mr.K.Sathish Kumar Standing Counsel for Respondent-2

ORDER

(Made by V.Lakshminarayanan,J) The petitioner seeks a direction to the third respondent to remove the Tasmac shops situated within the local limits of Govindagudi Village, Valangaiman Taluk, Tiruvarur District.

2. The grievance of the petitioner is that despite the objections made by the Panchayat as well as the local public as against the shifting of Tasmac shop No.9847 to the present location, the shop has been relocated.

3. Mrs.R.Anitha, learned Special Government Pleader, takes notice for the respondents 1, 3 and 4. Mr.K.Sathish Kumar, learned Standing Counsel, takes notice for the second respondent.

4. On 09.02.2023, a representation was made to the third respondent objecting to the relocation of the Tasmac shop. The said representation is said to be pending with the third respondent. Hence, the third respondent is directed to consider the objections of the petitioner as well as that of the second respondent and pass orders on the representation of the petitioner dated 09.02.2023, as per Section 8(3) of the Tamil Nadu Prohibition Act, within a period of eight weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of with the above direction. There will be no order as to costs.

(B.P., J.) (V.L.N., J.) 25.05.2023 Index : Yes/No : Yes/No kpl/ms

To

1. Secretary to Government of Tamilnadu Department of Prohibition and Excise Fort St. George Chennai 600 009.

2. Chairman/Managing Director Tasmac Talamuthu Natarajan Building Gandhi-Irvin Salai Egmore, Chennai.

3. The District Collector Tiruvarur District Tiruvarur.

4. The Tahsildar Valangaiman Taluk Office Valangaiman Tiruvarur District.

B.PUGALENDHI, J, and V.LAKSHMINARAYANAN, J.

(kpl/ms) 25.05.2023